USCA1 Opinion
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 96-1493
UNITED STATES,
Appellee,
v.
ELADIO CAMACHO, JR.,
A/K/A DAVID RICHARD,
A/K/A HECTOR PEREZ,
Defendant, Appellant.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Jose Antonio Fuste, U.S. District Judge] ___________________
____________________
Before
Selya, Boudin and Lynch,
Circuit Judges. ______________
____________________
Benicio Sanchez Rivera, Federal Public Defender, and Miguel A.A. ______________________ ____________
Nogueras-Castro, Assistant Federal Public Defendant, on brief for _______________
appellant.
Guillermo Gil, United States Attorney, Nelson Perez-Sosa, ______________ ___________________
Assistant United States Attorney, and Jose A. Quiles-Espinosa, Senior _______________________
Litigation Counsel, on brief for appellee.
____________________
February 4, 1997
____________________
Per Curiam. Eladio Camacho appeals from his ___________
sentence on the sole ground that the district court erred in
denying him a two-level reduction for his "minor" role in the
offense under U.S.S.G. 3B1.2(b). In a Supplemental Order
dated December 4, 1996, the district court found that Camacho
was not "less culpable than most other participants."
U.S.S.G. 3B1.2, comment. (n.3). We review such
determinations only for clear error. See United States v. ___ ______________
Rostoff, 53 F.3d 398, 413 (1st Cir. 1995). "'Where more than _______
one reasonable inference may be drawn from undisputed facts,
the court's choice from among supportable alternatives cannot
be clearly erroneous.'" United States v. Rodriguez Cortes, ______________ _________________
949 F.2d 532, 546-47 (1st Cir. 1991) (citation omitted).
The district court's role-in-the-offense determination
in this case was not clearly erroneous. "[A] defendant who
is a drug courier is not entitled as of right to a reduction
of the offense level as a minimal or minor participant." ________
United States v. Lopez-Gil, 965 F.2d 1124, 1131 (1st Cir. ______________ _________
1992) (emphasis added). The undisputed fact that Camacho
acted as a drug courier does not entitle him to a two-level
reduction for minor participation and the court's refusal to
grant a reduction was not clearly erroneous.
Camacho's sentence is affirmed. See Loc. R. 27.1. ________ ___
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